Ziff Davis Sues OpenAI for Trademark and Copyright Misuse

Ziff Davis, the media company behind brands like PCMag, IGN, and Mashable, has filed a lawsuit against OpenAI, accusing the tech giant of copyright infringement — and raising serious trademark concerns along the way. As generative AI tools like ChatGPT pull content from across the internet, questions about unauthorized use of protected names and brands are heating up.

According to Reuters, Ziff Davis alleges that OpenAI improperly used copyrighted material from its websites to train and operate its AI models without authorization. Beyond copyright claims, the complaint raises major trademark concerns for brand owners in an AI-driven world.

What Is the Lawsuit About?

In its complaint, Ziff Davis claims that OpenAI copied large portions of its original articles — including reviews, rankings, and product comparisons — to train its language models without permission. The lawsuit points to instances where ChatGPT allegedly reproduced near-verbatim passages from PCMag and IGN content when prompted by users.

While much of the legal debate so far has centered on copyright infringement, Ziff Davis’s complaint also touches on trademark misappropriation. Specifically, they argue that users interacting with ChatGPT could mistakenly believe that AI-generated content is authorized by, affiliated with, or endorsed by Ziff Davis and its well-known brands.

This type of confusion strikes at the heart of trademark law, which protects not just names and logos, but also the goodwill and reputation a brand builds over time.

Why Trademark Rights Matter in the Age of AI

Most small businesses understand that trademarks help customers recognize authentic products and services. But when AI models start producing content that references registered trademarks — like PCMag‘s trusted review system or IGN‘s gaming awards — without authorization, it risks diluting the brand and misleading consumers.

In the Ziff Davis case, the company’s complaint highlights several important trademark issues:

• Source Confusion: AI-generated summaries or recommendations might make it seem like PCMag or IGN evaluated products they never reviewed.
• Dilution of Reputation: If AI content misuses a brand name, even without malicious intent, it can weaken the brand’s value over time.
• Loss of Control: Trademark owners lose their ability to control how their marks appear in public, a fundamental right protected by federal trademark law.

Trademark owners must vigilantly monitor how their brands are used — not just by competitors, but also by emerging technologies. Investing in proactive trademark monitoring can help businesses catch unauthorized uses early before they spiral into larger problems.

What Small Businesses Should Watch For

If Ziff Davis is successful, it could set new boundaries around how AI companies are allowed to interact with copyrighted and trademarked material. Even if the lawsuit resolves only the copyright claims, it raises an important reminder for small businesses:

• Trademark protection is more important than ever. As AI systems ingest and regurgitate information from countless sources, clear ownership of your brand name and logo is critical.
• Trademark registration is key. Owning a federal trademark registration gives businesses powerful tools to enforce their rights when misuse occurs.
• Stay alert for brand misuse. AI isn’t the only threat. Media sites, marketplaces, and competitors might also use your trademarks in confusing ways — and you need to be ready to act.

A comprehensive trademark enforcement strategy that combines monitoring, enforcement, and education is no longer optional — it’s essential.

Final Thoughts

The Ziff Davis lawsuit shows that copyright and trademark issues are colliding with AI in ways we’ve never seen before. While the case will likely focus on OpenAI’s use of copyrighted content, it serves as a warning shot for brand owners everywhere: your trademarks could be swept up in AI-generated content without your consent.

Need help protecting your brand in an AI-driven world? Contact Harrigan IP today to schedule a consultation with an experienced trademark attorney.